Dismissed

N.K.Gunasekaran v. R.Srinivasan & Ors.

DRAT17 Sept 2025MISC APPEAL/46/2015

Case brief

AI extract

What is this about?

The Debts Recovery Appellate Tribunal disposed of the appeal based on a Joint Memo of Compromise filed by the appellant and respondent No.1. The parties were directed to approach the Recovery Officer to ascertain boundaries, issue a corrected sale certificate, and register a rectification deed.

What did the court decide?

Appeal disposed of; parties directed to approach Recovery Officer for boundary ascertainment, sale certificate modification, and rectification deed registration.

N.K.Gunasekaran versus R.Srinivasan & Ors. — Banking and Recovery | DRAT (2025)

¶1

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT CHENNAI

¶2

Dated the 17^th of September, 2025

¶3

PRESENT: Hon’ble Mr. Justice G. Chandrasekharan

¶4

CHAIRPERSON

¶5

M.A:46/2015

¶6

(MA 93/2011 in Appeal No.5/2009 before DRT-I, Chennai)

¶7

BETWEEN

¶8

N.K. Gunasekaran S/o. Kadirvelu, No.2, Mariamman Koll Street, Kurumampet,

¶9

Pondicherry-7. …Appellant

¶10

And 1. Mr. R. Srinivasan, S/o. Sri Ramasamy Gounder, No. 46, Bharadidhasan Street, Muthirayarpalayam, Pondicherry .

¶11

The Catholic Syrian Bank Ltd, No. 17, Rangepillai Street, Pondicherry, 605 009. 3. Mrs. V. Valliammal W/o. Vakundakesavan, No. 45, Gopala kadai Street, Pondicherry - 605 009.

¶12

4.Mr. Vaikunda Kesavan S/o. Late Ramasamy Gounder, No. 45, Gopalan Kadai Street, Pondicherry - 605 009.

¶13

Mr. V. Aravani Selvam S/o. Vakundasevan No. 45, Gopalan Kadai Street, Pondicherry - 605 009.

¶14

.Respondents Counsel for Appellant : Mr. N. Sivabalan Counsel for Respondent No.1 : M/s. Pass Associates Counsel for R2 : M/s. Sampath Kumar Associates

¶15

¶16

ORDER

¶17

When the matter is taken up, a Joint Memo of Compromise is filed by the Appellant and Respondent No.1 and the Learned Counsel for the parties pray that this Appeal may be disposed of as per the terms and conditions of the Joint Memo of Compromise. It is also requested that the boundaries proposed by 1^st Respondent has to be ascertained and in the interest of justice and fairness the Auction Purchaser and 1^st Respondent agree the boundaries with regard to the Item no.3 (comprised in S.No.365/2, New R.S.No.401/1) of the Sale Certificate dated 12.09.2009 to be modified by appointing a surveyor from Revenue Departments and identifying the boundaries with regard to item No.3 (comprised in S.No.365/2, New R.S.No.401/1) under the supervision of Recovery Officer. It is also agreed that the Auction Purchaser and 1st Respondent are to approach the Recover Officer of DRT-1 and have the boundaries of item no.3 bearing S.No:365/2 with R.S.No:401/1 as described above in the Sale Certificate

¶18

¶19

dated 12.06.2009, registered as document No.2798/2009 modified and have the sale rectification deed registered.

¶20

Respondent No.2 has no objection for recording the Joint Compromise Memo. Respondent Nos. 3 to 5 are not contesting.

¶21

Recording this submission, this Appeal is disposed of. Parties are directed to approach Learned Recovery Officer, DRT-I, for ascertaining the boundaries as detailed above in Paras 9 and 10 of the Joint Memo of Compromise and for issuing appropriate Sale Certificate and taking consequential steps for rectification and registration.

¶22

Accordingly this Appeal is disposed of. Both parties shall bear their own costs.

¶23

[Dictated to Athistamani, PS, in open court, transcribed by her, corrected and signed by me this 17^th of September, 2025]

¶24

[ Justice G. Chandrasekharan] CHAIRPERSON

¶25

N.K.Gunasekaran v. R.Srinivasan & Ors.

Case brief

What is this about?

What did the court decide?

N.K.Gunasekaran v. R.Srinivasan & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Mr Kamal versus Central Bank of India

Mr Rajeendran versus Icici Bank Limited

Sri Paneesh Chandra Javali versus Tumkur Veerashaiva Co-Operative Bank Ltd.

Mahan Textiles Process India P Ltd. versus State Bank of Travancore

Ramana Sekhar versus India Bulls Housing Finance Ltd.

Cadyche Automation and Office Solution Pvt. Ltd. versus Canara Bank